[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Rules and Regulations]
[Page 68666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33077]


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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 19

RIN 2900-AI59


Appeals Regulations: Notice of Board of Veterans' Appeals 
Decisions

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs' (VA) 
Appeals Regulations for appeals to the Board of Veterans' Appeals 
(Board) by removing provisions that do not conform to recent 
legislation.

EFFECTIVE DATE: December 30, 1996.

FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Chief Counsel, Board 
of Veterans' Appeals, Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC 20420 (202-565-5978).

SUPPLEMENTARY INFORMATION: Section 509 of the Veterans' Benefits 
Improvements Act of 1996, Public Law 104-275, Sec. 509, 110 Stat. 3322, 
3344, amended 38 U.S.C. 7104(e) to permit the Board to mail copies of 
its decision to the claimant's representative or to use any other means 
of delivery likely to result in delivery within the same time as would 
be expected with mailing by first-class mail. 38 CFR 19.8 previously 
reflected the old provisions of 38 U.S.C. 7104(e) that permitted 
decision delivery only by mailing. This document removes from Sec. 19.8 
material on Board decision delivery that does not conform to the new 
legislation and makes nonsubstantive changes to the remaining material 
in Sec. 19.8 concerning preservation of claimants' privacy interests in 
simultaneously contested claims.
    This final rule concerns agency procedure or practice and, pursuant 
to 5 U.S.C. 553, is exempt from notice and comment requirements.
    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This rule will affect VA beneficiaries and will not affect small 
businesses. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is 
exempt from the initial and final regulatory flexibility analyses 
requirement of sections 603 and 604.

List of Subjects in 38 CFR Part 19

    Administrative practice and procedure, Claims, Veterans.

    Approved: December 16, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 19 is amended 
as set forth below:

PART 19--BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS

    1. The authority citation for part 19 continues to read as follows:

    Authority: 38 U.S.C. 501(a).

    2. Section 19.8 is revised to read as follows:


Sec. 19.8  Content of Board decision, remand, or order in 
simultaneously contested claims.

    The content of the Board's decision, remand, or order in appeals 
involving a simultaneously contested claim will be limited to 
information that directly affects the issues involved in the contested 
claim. Appellate issues that do not involve all of the contesting 
parties will be addressed in one or more separate written decisions, 
remands, or orders that will be furnished only to the appellants 
concerned and their representatives, if any.

(Authority: 5 U.S.C. 552a(b), 38 U.S.C. 5701(a))

[FR Doc. 96-33077 Filed 12-27-96; 8:45 am]
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